LOS ANGELES : Malls Cannot Keep Out Protesters, ACLU Says

Managers of shopping malls, today’s version of the old town square, cannot legally keep out politicians or protesters as long as they obey the rules while they exercise their civil rights, according to the ACLU.

“It’s something people should know, especially in an election year, when there’ll be a lot of this going on,” spokeswoman Mary Tokita said.

A brochure, aimed at activists, mall managers, police and others, was released as the American Civil Liberties Union of Southern California announced an out-of-court settlement in a dispute between a suburban shopping mall and a group seeking to decriminalize marijuana.

“There are many groups that can afford the usual means of communication with the public,” said ACLU attorney Robin Toma. “This is the way to ensure that the grass-roots activists, the people who have volunteers instead of money, also have a way to do battle.”

The brochure says that malls are prohibited from barring groups simply because they don’t like the message. The message, however, cannot be obscene, nor can it be conveyed in “fighting words” that arouse anger or incite violence.

The out-of-court agreement resulted in the dropping of charges of trespassing and disturbing the peace against supporters of the 94 California Hemp Initiative, the ACLU said. They were arrested while seeking permission to circulate a petition at Antelope Valley Shopping Mall, the group said.